<div class="chunk-title">Sec. 36-115. - Improvements installation and guarantees.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Approval.</span> Final plats of subdivisions may be approved by the board after the subdivider has
               complied with one of the following procedures:
               
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               (1)
               
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               All required improvements have been installed by the subdivider in accordance with
               the requirements of this chapter;
               
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               (2)
               
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               A secured surety bond, acceptable to the board, or certified check has been posted
               by the subdivider payable to the county upon default, in an amount determined by the
               board to ensure the installation of the required improvements. The improvements thus
               guaranteed shall be installed by the developer within three years of the posting of
               the surety bond or certified check with the possibility of reasonable extensions in
               the board's discretion. If the developer has not installed the improvements within
               the allotted time, the county shall take the necessary steps to proceed with the accomplishment
               and completion of the improvements, making use of the certified check or calling upon
               the surety of the bond; or
               
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               (3)
               
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               An irrevocable letter of credit, and a form approved by the county attorney, issued
               by a bank or other lending institution or a deposit of funds in the escrow may be
               accepted in lieu of bond or check under the same terms and conditions.
               
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               (b)
               
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               <span class="ital">Defects guarantee.</span> The board shall require an irrevocable letter of credit or secured bond approved
               by the board guaranteeing utility taps, drainage facilities, water and sewer lines
               and other improvements against defects for one year. This bond or letter of credit
               shall be in an amount determined by the board to be sufficient to guarantee repair
               to any defective improvements.
               
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               (c)
               
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               <span class="ital">Certificate of dedication and maintenance.</span> The subdivider shall certify the dedication of all improvements as follows, that:
               
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               (1)
               
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               All property and improvements are owned by the subdivider and free of any encumbrance
               or lien, except as enumerated;
               
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               (2)
               
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               The subdivider has freely dedicated or reserved all required right-of-way easements,
               streets, utilities, open spaces or other improvements to public or private use as
               noted on the improved preliminary plat and has freely established minimum building
               setback lines;
               
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               (3)
               
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               The subdivider shall be responsible for the maintenance of all improvements until
               either said improvements are taken over by the appropriate public agency or arrangement
               satisfactory to the planning board have been made for maintenance of said improvements;
               
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               (4)
               
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               The subdivider has prepared a disclosure statement pursuant to G.S. ch. 136 and this
               chapter that discloses the ownership and maintenance responsibilities for all streets
               or roads within the subdivision.
               
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               This certificate shall be filed with the final plat, except when improvement guarantees
               are used, said certificate shall be filed with the board when improvements are completed,
               and forwarded to the register of deeds to be recorded either with the final plat or
               as a separate document. In any and all events, the disclosure statement must be submitted
               to the board with the final plat.
               
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            <p class="historynote0">
               (Ord. No. 85, art. VII, Â§ 2, 3-6-2000)
               
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